Disposed

M/S. Ashadeep Builders Pvt. Ltd. and Anr. v. the Deputy Commissioner and 2 Ors.

Gauhati HC27 Oct 2021WP(C)/2679/2019

Case brief

AI extract

What is this about?

Petitioners sought a direction to issue sale permission for flatt of Ashadeep Tower. Court noted authorities rectified Dag number discrepancies and directed them to issue the permit or accept fresh applications. Petition closed.

What did the court decide?

Directed authorities to issue sale permit or accept fresh applications since Dag number discrepancies have been rectified; petition closed.

M/S. Ashadeep Builders Pvt. Ltd. and Anr. Vs the… — Service and Employment | Gauhati HC (2021)

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GAHC010141802017

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/2679/2019

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M/S. ASHADEEP BUILDERS PVT. LTD. AND ANR. A REGD. COMPANY UNDER THE COMPANYS ACT 1956 HAVING ITS REGD. OFFICE AT ASHADEEP TOWER A.K.AZAD ROAD REHABARI GHY-8 DIST- KAMRUP (M) ASSAM REP. BY ITS MANAGING DIRECTOR 2: GAUTAM DAS MANAGING DIRECTOR OF M/S ASHADEEP TOWER A.K.AZAD ROAD REHABARI GHY-8 DIST- KAMRUP (M) ASSAM RESIDENTIAL ADDRESS SRI GAUTAM DAS R/O- PIYOLI PHUKAN ROAD REHABARI GHY-08 DIST- KAMRUP (M) ASSAM VERSUS

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THE DEPUTY COMMISSIONER AND 2 ORS. KAMRUP (M) GHY-1 DIST- KAMRUP (M) ASSAM

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2:THE ADDL. DY. COMMISSIONER KAMRUP (M) GHY-1 DIST- KAMRUP (M) ASSAM 3:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE KAMRUP (M) GHY-1 ASSAM -----------Advocate for : MR. P C DEY Advocate for : GA ASSAM appearing for THE DEPUTY COMMISSIONER AND 2 ORS.

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BEFORE

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HONOURABLE MR. JUSTICE N. KOTISWAR SINGH

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ORDER

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Date : 27.10.2021

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Heard Mr. P.C. Dey, learned counsel for the petitioners. Also heard Mr. J. Handique, learned Standing Counsel, Revenue Department for the respondents.

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In this petition, the petitioner has sought for a direction to be issued to the respondent authorities to issue sale permission pursuant to applications dated 31.07.2015 so that the petitioners can register the sale deeds in favour of the intending purchasers of the flats of “Ashadeep Tower”.

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It appears that because of certain discrepancies in the Dag number of the land in issue, the authorities did not give the permission for executing any sale deed.

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Today it has been submitted by Mr. J. Handique, learned Standing Counsel Revenue Department appearing for the respondents that the authorities have issued an order on 11.10.2021 rectifying such discrepancies and as such, there will not be anomaly as far as the Dag number(s) of the land in issue are concerned, in which event, necessary sale permit can also be granted by the authorities subject to fulfillment of other relevant conditions.

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In support of his submission, Mr. Handique has submitted a copy of the communication

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received from the authorities incorporating the aforesaid steps taken by the authorities for correction of the Dag number(s).

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Mr. P.C. Dey, learned counsel for the petitioners also submits that he has been informed that necessary corrections have been made in respect of the Dag number(s) by the authorities, in which event, there should not be any hurdle on the part of the authorities to issue the sale permit.

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After hearing the learned counsel for the parties, this Court is of the view that if the anomalies in the Dag number(s) has been corrected as submitted by Mr. Handique, learned counsel for the State, which is acknowledged by the learned counsel for the petitioners, nothing survives for further consideration except to observe that since the corrections have been made, the authorities can proceed to issue sale permit as per relevant rules.

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It is also directed that, if necessary, the petitioners may file fresh applications before the authorities for granting sale permission.

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Accordingly, the present petition stands closed.

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JUDGE

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Comparing Assistant

M/S. Ashadeep Builders Pvt. Ltd. and Anr. v. the Deputy Commissioner and 2 Ors.

Case brief

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M/S. Ashadeep Builders Pvt. Ltd. and Anr. v. the Deputy Commissioner and 2 Ors.

Case brief

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What did the court decide?

What the court decided

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